A.   A Board of Adjustment is hereby established.

   B.   The Board of Adjustment shall consist of either three, five, or seven members, all of whom must be citizen members and not more than two of who may be citizen members of the Planning Commission.

   C.   The Mayor shall be the appointing authority of the Board of Adjustment subject to the approval of the City Council.

   D.   The term of office for the Board of Adjustment shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three, and four years respectively.

   E.   Vacancies on the Board of Adjustment shall be filled within 60 calendar days by the appropriate appointing authority. If the authority fails to act within that time, the Planning Commission shall fill the vacancy. When a vacancy occurs other than through expiration of the term of office, it shall be filled for the remainder of that term.

   F.   All members of the Board of Adjustment shall, before entering upon their duties, qualify by taking the oath of office prescribed by Section 228 of the Constitution of the Commonwealth of Kentucky before any judge, notary public, clerk of court, or justice of the peace within the district or county in which they resides.

   G.   Reimbursement for expenses or compensation or both may be authorized for members on the Board of Adjustment.

   H.   Any member of the Board of Adjustment may be removed by the Mayor, subject to the approval by the City Council, for inefficiency, neglect of duty, malfeasance, or conflict of interest. The Mayor exercising the power to remove a member from the Board of Adjustment shall submit a written statement to the Planning Commission setting forth the reasons and the statement shall be read at the next meeting of the Board of Adjustment which shall be open to the general public. The member so removed shall have the right of appeal from the removal to the circuit court of the county in which he resides.

   I.   The Board of Adjustment shall elect annually a chairman, vice chairman, secretary, and any other officers it deems necessary, and any officer shall be eligible for re-election at the expiration of this term.

(Ord. 2017-6, passed 4-4-17)

   A.   The Board of Adjustment shall conduct meetings at the call of the Chairperson who shall give written or oral notice to all members of the Board at least seven days prior to the meeting, which notice shall contain the date, time, and place for the meeting, and the subjects which will be discussed.

   B.   A simple majority of the total membership of the Board of Adjustment, as established by regulation or agreement shall constitute a quorum. Any member of the Board of Adjustment who has any direct or indirect financial interest in the outcome of any question before the body shall disclose the nature of the interest and shall disqualify himself from voting on the question.

   C.   The Board of Adjustment shall adopt bylaws for the transaction of business and shall keep minutes and records of all proceedings including regulations, transactions, findings, and determinations and the number of votes for and against each question, and if any member is absent or abstains from voting, indicating the fact, all of which shall, immediately after adoption, be filed in the office of the Board of Adjustment. A transcript of the minutes of the Board of Adjustment shall be provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.

   D.   The Board of Adjustment shall have the right to receive, hold, and spend funds, which it may legally receive from any and every source in and out of the Commonwealth of Kentucky, including the United States Government.

   E.   The Board of Adjustment shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it.

   F.   The Chairperson of the Board of Adjustment shall have the power to administer an oath to witness prior to their testifying before the Board on any issue.

(Ord. 2017-6, passed 4-4-17)

   A.   Appeals to the Board of Adjustment may be taken by any person, or entity claiming to be injuriously affected or aggrieved by an official action or decision of the City Inspector/Zoning Administrator. This appeal shall be taken within 30 calendar days after the appellant or his agent receives notice of the action to be appealed from, by filing with said City Inspector/Zoning Administrator and with the Board, a notice of appeal specifying the grounds thereof, and giving notice of such appeal to any and all parties of record. A fee, as required by § 19.0 shall also be given to the City Inspector/Zoning Administrator at this time. The City Inspector/Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken and shall be treated as and be the respondent in such further proceedings. At any hearing by the Board an interested person may appear and enter his appearance, and all shall be given an opportunity to be heard.

   B.   The Board of Adjustment shall fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant and the City Inspector/Zoning Administrator at least one calendar week prior to the hearing, and shall decide on the appeal within 60 consecutive calendar days. The affected party may appear at the hearing in person or by attorney.

(Ord. 2017-6, passed 4-4-17)

   A.   Any person or entity claiming to be injured or aggrieved by any final action of the Board of Adjustment shall appeal from the action to the circuit court of the county in which the property, which is the subject of the action of the Board of Adjustment, lies. Such appeal shall be taken within 30 days after the final action of the Board. All final actions, which have not been appealed within 30 days, shall not be subject to judicial review. The Board of Adjustment shall be a party in any such appeal filed in the circuit court.

   B.   Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall appeal from the final action to the circuit court of the county in which the property, which is the subject of the commission’s action, lies. Such appeal shall be taken within 30 days after such action. Such action shall not include the commission’s recommendations made to other governmental bodies. All final actions, which have not been appealed within 30 days, shall not be subject to judicial review. Provided, however, any appeal of a Planning Commission action granting or denying a variance or conditional use permit authorized by KRS 100.203(5) shall be taken pursuant to this subsection. In such case, the 30 day period for taking an appeal begins to run at the time the City Council grants or denies the map amendment for the same development. The Planning Commission shall be a party in any such appeal filed in the circuit court.

   C.   Any person or entity claiming to be injured or aggrieved by any final action of the City Council relating to a map amendment shall appeal from the action to the circuit court of the county in which the property, which is the subject of the map amendment, lies. Such appeal shall be taken within 30 days after the final action of the City Council. All final actions, which have not been appealed within 30 days, shall not be subject to judicial review. The City Council shall be a party in any such appeal filed in the circuit court.

   D.   The owner of the subject property and applicants who initiated the proceeding shall be made parties to the appeal. Other persons speaking at the public hearing are not required to be made parties to such appeal.

   E.   For purposes of this appendix, final action shall be deemed to have occurred on the calendar date when the vote is taken to approve or disapprove the matter pending before the body.

(Ord. 2017-6, passed 4-4-17)

   An appeal stays all proceedings in furtherance of the action appealed from, unless the City Inspector/Zoning Administrator from whom the appeal is taken, certifies to the Board of Adjustment, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a court of record on application, or on notice to the City Inspector/Zoning Administrator from whom the appeal is taken and on due cause shown.

(Ord. 2017-6, passed 4-4-17)

   Upon appeals, the Board of Adjustment shall have the following powers:

   A.   To hear and decide on applications for dimensional variances where, by reason of the exceptional narrowness, shallowness, or unusual shape of a site on the effective date of this appendix, or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that site, the literal enforcement of the requirements (height or width of building or size of yards, but not population density) of the zoning chapter would deprive the applicant of reasonable capacity to make use of the land.

   B.   To hear and decide appeals where it is alleged, by the appellant, that there is an error in any order, requirement, decision, grant or refusal made by the City Inspector/Zoning Administrator in the enforcement of this appendix. An appeal shall be taken within 60 consecutive calendar days.

   C.   To hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named herein which may be suitable only in specific locations in the zone only if certain conditions are met as specified in § 9.14.

   D.   To hear and decide, in accordance with the provisions of this appendix requests for interpretation of the official zoning map or for decisions upon other special questions upon which the Board is authorized to act upon.

(Ord. 2017-6, passed 4-4-17)

   A.   The Board of Adjustment shall have the power to hear and decide on applications for variances. The Board may impose any reasonable conditions or restrictions on any variance it decides to grant.

   B.   1.   Before any variance is granted, the Board must find that the granting of the variance will not adversely affect the public health, safety, or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or nuisance to the public, and will not allow an unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the board shall consider whether:

         a.   That the requested variance arises from special circumstances exist which do not generally apply to land in the general vicinity, or in the same zone;

         b.   That the manner in which the strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and

         c.   The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought.

      2.   The Board shall deny any request for a variance arising from circumstances that are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulations from which relief is sought.

   C.   The Board shall not possess the power to grant a variance or permit a use of any land, building, or structure which is not permitted by the zoning regulation in the zone in question, or to alter the density of dwelling unit requirements in the zone in question.

   D.   A variance applies to the property for which it is granted and not to the individual who applied for it. A variance also runs with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.

(Ord. 2017-6, passed 4-4-17)

   A.   Conditional use permits shall not be issued without the specific approval of the Board of Adjustment, as provided in this section.

   B.   The Board of Adjustment shall have the power to hear and decide on applications for conditional use permits to allow the proper integration into the community of uses which are specifically named in the zoning regulations which may be suitable only in specific locations in the zone only if certain conditions are met:

      1.   The Board may approve, modify, or deny any application for a conditional use permit. If it approves such permit it may attach necessary conditions such as time limitations, requirements that one or more things be done before the request can be initiated, or conditions of a continuing nature. Any such conditions shall be recorded in the Board’s minutes and on the conditional use permit, along with a reference to the specific section in the zoning regulation listing the conditional use under consideration. The Board shall have power to revoke conditional use permits, or variances for noncompliance with the condition thereof. Furthermore, the Board shall have a right of action to compel offending structures or uses removed at the cost of the violator and may have judgment in personam for such cost.

      2.   Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of building, housing, and other regulations.

      3.   In any case where a conditional use permit has not been exercised within the time limit set by the Board, or within one year, if no specific time limit has been set, such conditional use permit shall not revert to its original designation unless there has been a public hearing. “EXERCISED,” as set forth in this section, shall mean that binding contracts for the construction of the main building or other improvement have been let; or in the absence of contracts that the main building or other improvement is under construction to a substantial degree, or that prerequisite conditions involving substantial investment under contract, in development, are completed. When construction is not a part of the use, “EXERCISED” shall mean that the use is in operation in compliance with the conditions as set forth in the permit.

      4.   The City Inspector/Zoning Administrator shall review all conditional use permits, except for those which all conditions have been permanently satisfied, at least once annually and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the landowner is complying with all of the conditions which are listed on the conditional use permit. If the landowner is not complying with all of the conditions listed on the conditional use permit, the City Inspector/Zoning Administrator shall report the fact in writing to the Chairperson of the Board of Adjustment. The report shall state specifically the manner in which the landowner is not complying with the conditions on the conditional use permit, and a copy of the report shall be furnished to the landowner at the same time that it is furnished to the Chairperson of the Board of Adjustment. The Board shall hold a hearing on the report within a reasonable time, and notice of the time and place of the hearing shall be furnished to the landowner at least one week prior to the hearing. If the Board of Adjustment finds that the facts alleged in the report of the City Inspector/Zoning Administrator are true and that the landowner has taken no steps to comply with them between the date of the report and the date of the hearing, the Board of Adjustment may authorize the City Inspector/Zoning Administrator to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity on the land which the conditional use permit authorizes.

      5.   Once the Board of Adjustment has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the City Inspector/Zoning Administrator, upon request of the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied, and enter the facts which indicate that the conditions have been satisfied and the conclusion in the margin of the copy of the conditional use permit which is on file. Thereafter said use, if it continues to meet the other requirements of the regulations, will be treated as a permitted use.

      6.   When an application is made for a conditional use permit for land located within or abutting any residential zoning district, written notice shall be given at least 15 days in advance of the public hearing on the application to the applicant, City inspector/Zoning Administrator, the Mayor and City Clerk of any city of the fifth or sixth class so affected, within any county containing a city of the first class, an owner of every parcel of property adjoining the property to which the application applies and such other persons as the local zoning ordinance, regulations, or Board of Adjustment bylaws shall direct. Written notice shall be by first class mail with certification by the Board’s Secretary or other officer that the notice was mailed. It shall be the duty of the applicant to furnish to the Board the name and address of an owner of each parcel of property as described in this division. Records maintained by the property valuation administrator may be relied upon conclusively to determine the identity and address of said owner. In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the President or Chairperson of the owner group which administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the property valuation administrator’s records as having the same address.

      7.   When any property within the required notification area for a public hearing upon a conditional use permit application is located within an adjoining city, county, or planning unit, notice of the hearing shall be given at least 14 days in advance of the hearing, by first-class mail to certain public officials, as follows:

         a.   If the adjoining property is part of a planning unit, notice shall be given to that unit’s planning commission; or

         b.   If the adjoining property is not part of a planning unit, notice shall be given to the mayor of the city in which the property is located or, if the property is in an unincorporated area, notice shall be given to the judge/executive of the county in which the property is located.

(Ord. 2017-6, passed 4-4-17)

   A.   In exercising the aforementioned powers, the Board of Adjustment may, so long as such action is in conformity with the provisions of this appendix, reverse or affirm wholly or partly, or may modify the order, requirements, decision, or determination as made by the City Inspector/Zoning Administrator, from whom the appeal is taken.

   B.   A simple majority of the total quorum of the Board of Adjustment, as established by regulation or agreement, shall be necessary to reverse any order, requirement, decision or determination of the City Inspector/Zoning Administrator, so long as such action is in conformity with the provisions of this appendix; or to decide in favor of the applicant on any matter upon which it is required to pass under this appendix, or to effect any variation in the application of this appendix.

   C.   The details of the decision of the Board shall be forwarded to the City Inspector/Zoning Administrator.

(Ord. 2017-6, passed 4-4-17)

   A.   Violation of any provision of Chapter 154, Appendix §§ 9.1 through 9.12 and 9.18 through 16.3, is declared to be a civil offense. Any person violating any provision shall be fined not more than two hundred dollars ($200.00). Any person electing not to contest citation for said offense shall be fined two hundred dollars ($200.00). Each day of violation shall constitute a separate offense.

   B.   Violation of any provision of Chapter 154, Appendix § 9.15 or 9.16, is declared to be a civil offense. Any person violating any provision shall be fined not more than five hundred dollars ($500.00). Any person electing not to contest citation for said offense shall be fined five hundred dollars ($500.00). Each day of violation shall constitute a separate offense.

(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)

   A.   Violations of this Chapter of the City of Dayton, Ky., Code of Ordinances ("Code") are civil offenses, which shall be enforced through the Code Enforcement Board pursuant to the provisions of Chapter 38 of the Code.

   B.   Any person, firm, corporation, or titled owner who violates a provision in this Chapter shall be subject to a civil fine of not less than fifty dollars ($50.00) per day per violation, but not more than one hundred dollars ($100.00) per day per violation for the first thirty (30) days if the violation(s) remains uncorrected, and thereafter, a civil fine of not less than one hundred dollars (S100.00) per day per violation, but not more than two hundred fifty dollars ($250.00) per day per violation, until the violation(s) are corrected. The city may also recover any costs it incurs in abating the violation(s).

   C.   Each day a violation continues after due notice has been served shall be deemed a separate offense, up to a maximum of five thousand dollars ($5,000.00) per citation. A Code Enforcement Officer may suspend daily fines if a property owner submits documentation or provides other substantial evidence showing it has taken action to remediate the code violation(s). If so, the Code Enforcement Officer shall enter a written notation in the case file outlining the remediation efforts undertaken and the date on which the daily fins were suspended. This Officer may revoke the suspension if, in his or her opinion, remediation efforts at the property have discontinued; this revocation also shall be recorded in the case file.

   D.   If the property owner timely appeals violation(s) to the Code Enforcement Board, the Board may waive the fines accrued under this section if the property owner can show an attempt to remediate the code violation(s) in a timely fashion.

   E.   The City of Dayton shall possess a lien on a property for all fines, penalties, charges, attorney's fees, and other reasonable costs associated with enforcing the provisions of this Chapter and may place a lien on this parcel of real property with the County Clerk pursuant to Kentucky law. The lien shall be superior to and have priority over all, other subsequently filed liens, except state, county, school board, and city taxes. Pursuant to KRS 65.8834, the City may elect to include the amount of any unpaid lien that has been recorded pursuant to KRS 65.8835 on the City's property tax bill for the property.

(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22; Am. Ord. 2024-3, passed 3-5-24)

   1.   The Board shall have the following duties and powers:

      a.   To recommend to City Council written guidelines for undertaking new infill development;

      b.   To regulate infill development;

      c.   To work with and advise the federal, state, and county governments and other parts of city government on its area of expertise;

      d.   To advise and assist property owners and other persons and groups, including neighborhood organizations who are interested in infill development;

      e.   To conduct educational programs, including the preparation of publications;

      f.   To take any and all other actions which may be assigned to it by the Mayor and/or City Council.

   2.   The Board shall recommend to City Council plans for infill development.

   3.   The Board shall prepare comments on the relationship between Dayton’s existing and historic buildings and plans for redevelopment projects. These comments shall include suggestions on how to link the new and old buildings.

   4.   The Board shall adopt and make public rules for the transaction of its business and comply with the Kentucky Open Meetings Act, KRS 61.805. A simple majority of the membership shall constitute a quorum for decisions involving historic buildings and areas.

   5.   The Board shall prepare and keep on file, available for public inspection, a written annual report of the activities, cases, decisions, and other work.

   6.   The Board, in addition to any appropriations made by the City of Dayton, shall have the right to recommend to City Council applications for grants and special funding which it may legally receive from any and every source both in and out of the Commonwealth of Kentucky for the purpose of carrying out its duties.

   7.   The Board shall receive regular assistance in the performance of its responsibilities from a city staff member. In addition, the city may, by contract, obtain assistance on infill development matters from a professional with expertise in infill development or a closely related field. Other city staff members may be asked to assist the Board by providing technical advice or helping in the administration of this chapter.

(Ord. 2022-3, passed 3-15-22)

   1.   There is hereby established the Dayton Infill Development Review Board. The Board shall consist of five (5) members appointed by the Mayor and approved by the City Council. The members of the Board shall be the City Administrator or his or her designee, a member of the City of Dayton Board of Architectural Review, two (2) citizen members with an interest in infill development, and one member with training or experience in a related profession: architecture, history, architectural history, planning, real estate, or related fields. When a professional member is not available, the Mayor may appoint a person interested in infill development to serve. When the Board reviews an issue that is normally evaluated by a professional member and that field is not represented on the Board, the Board shall seek expert advice before rendering its decision. Members of the Board shall serve without compensation.

   2.   The terms of office of the members shall be four (4) years, except the terms of two (2) members of the original Board shall expire after one (1) year and one (1) member of the original Board shall expire after two (2) years and one (1) member of the original Board shall expire after three (3) years. Each member shall serve until the appointment and qualification of that member’s successor. When a vacancy occurs during a term of office, it shall be filled within sixty (60) days, and the person selected shall be appointed for the unexpired portion of the term.

   3.   The Boards shall each year elect members to serve as Chair, Vice Chair and Secretary. The Chair shall preside at the meetings of the Board and shall be the spokesperson for the Board. In the Chair’s absence, the Vice Chair shall perform these duties. The Secretary shall prepare the minutes of the Board’s meetings which shall be available for public inspection.

   4.   No member of the Board shall vote on any matter that may affect the property, income or business interest of that member.

(Ord. 2022-3, passed 3-15-22)